Death with a will

If the Deceased left a Will, it is the executor who applys for the application of Grant which is a court order authorising the executor to administer the Deceased’s estate according to the directions in the Will. The order is called Probate.

Death without a will

If the Deceased did not leave a Will, The order of priority for the application of Grant as stated in Rule 21 of the Non-Contentious Probate Rules (Cap.10A) is:

(a) spouse,

(b) the child or one of the children of the Deceased,

(c) the father or mother of the Deceased,

(d) the brother or sister of the Deceased.

As a matter of general rule, the one with higher priority should file the application for the Grant which authorizes one or more persons to administer the Deceased’s estate in accordance with the law. The person is referred to as administrator. The order is called Letters of Administration.

However, a person having a lower priority may still be entitled to the Grant if the persons with higher priority have either died or renounced their rights to the Grant. Evidence of death or renunciation has to be filed with the Probate Registry.